Jesus Phish said:
Can someone tell me why it's wrong of California not to want to see Mature games to minors?
I must be missing something here
You are kind of what they are relying on to make this issue, this case is not really about the stated issue of "M" rated games being sold to minors.
To explain it as simply as I can, in the US our "right to free speech" is one of our central freedoms and a cornerstone to our entire society. The goverment is not supposed to have the abillity at all to engage in censorship and be able to decide what the people can hear/see/read and what they cannot.
The ratings systems as they exist now are a voluntary system run by the industries (games, movies, etc...) themselves. Ratings are not decided by the goverment and have no direct legal backing behind them. They are the industry as a whole deciding to mark their products based on what kind of content is in them so people can make desicians on what to expose themselves to.
Other than perhaps a fine being leveled against a retailer by a product producer via some kind of agreed on contract (ie if you sell our products you agree to uphold these standards, and if you don't, you aree to pay us X amount of money) there is no real penelty involved for violating the ratings. ESRB ratings are not "legal".
The goverment wants to make it an actual crime to sell sexual and/or violent material to minors this way. In order to do this, the goverment would effectively be taking upon itself the authority to both set the ratings, decide what is and is not acceptable, and then enforce those policies with the police and US legal system.
The goverment being able to set standards like this, and then enforce them criminally is one of the things the goverment is not supposed to do. By allowing them to do this, it directly contridict's the right to free speech, and even if well intentioned here, it opens the door for the goverment to regulate media/information in general.
Fundementally what this comes down to is the goverment coming in and saying "you can't handle your free speech, so we're taking it away from you". Or on the civil end of things people saying "Please Uncle Sam, I can't handle my own right to free speech, and engage in actual parenting! Please take away this freedom and responsibility and run it for me!".
The cornerstone of the entire thing is that the authority the goverment would need for such laws to exist and be enforced directly violates central principles of the US. Also with the way our system works, once a precedent is established it opens doors for it to be used for anything. The goverment could use this ruling and being allowed to police information here to defend it's right to do similar things in other situations... that's just how things work, our system doesn't do "single exceptions" that remain single exceptions forever. It's a system of absolutes.... the way those exceptions snowball is exactly why our legal system is so complicated and such a giant mess. What a law says is not nessicarly what it means anymore due to precedent (overall... not just here, check it out some time).
Good intentions aside, one has to ask if "protecting the children from video games" because their parents don't want to parent, is worth giving up our right to free speech, and protection from goverment regulation.
Understand, for all failures in the ESRB and other similar systems, as things stand now there is no requirement that things have to be rated. It's all voluntary, a service for the costumers when you get down to it. That's why the current system exists and we maintain our freedom. When the goverment comes in, slams it's foot down, and says "it's a law", it's something else entirely.
What's more for all questions about the industry voluntarily regulating itself as a service, that's definatly the lesser evil (and giving us more freedom since it's not nessicary) than goverment officials doing it. The goverment should not be deciding what media we get to consume at all.
At any rate, I'm rambling, and the situation is more complicated than that overall.
The whole thing is basically an attack on the right to free speech, and it's something that has been brewing for a while. The whole "protecting minors from video games" is simply where the factions of the goverment making the power grab chose to pull the trigger because they feel it gives them the best chances through "good intentions" so to speak.
This is especially big for those of us into video gaming because the shot is being fired into our back yard (so to speak), but make no mistakes, in the end this isn't actually about the video games, their ratings, and kids. Rather it's about the goverment's right to regulate media.
People sitting here going "I fail to see what is so bad about them wanting to keep M rated games out of the hands of kids" is exactly why they chose to pull the trigger here, on this issue. If it was something like an unexplained "Well I don't think people should be able to criticize the goverment on the Internet, that should be a crime" there would be no support for it, people would freak. Doing things this way, it's possible to garner support from people who don't see the whole issue... the whole "the road to hell is paved with good intentions" thing.